AFS-15-342-E June 5, 2015

Exemption No. 11771 Regulatory Docket No. FAA-2015-0058

Mr. Loren Crea Director of Flight Operations Neptune Aviation Services Inc. 2 Corporate Way Missoula, MT 59808

Dear Mr. Crea:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated January 12, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Neptune Aviation Services Inc. (Neptune) for an exemption from §§ 21.197 and 91.611 of Title 14, Code of Federal Regulations ( 14 CFR) to the extent necessary to allow Neptune to conduct ferry flights with one engine inoperative on its BAe 146-200A aircraft to one of Neptune’s maintenance facilities without obtaining a special f light permit (SFP) for each flight.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Neptune Aviation.

The FAA has issued grants of exemption in circ umstances similar in all material respects to those presented in your petition. In Gr ant of Exemption No’s. 5532 and 8551 (copies enclosed), the FAA found that granting the requests were in the public interest and that a level of safety equivalent to that provided by the rule from which the exemption was sought would be provided due to the petitioner’s strict traini ng, policies, and proce dures for three-engine2

ferry flight operations. A dditionally, the FAA noted the ap proved airplane flight manual (AFM) provided for one-engine-inop erative ferry flights of the ai rcraft and such flights have been successfully demonstrated in the pa st with no adverse e ffects on safety.

Having reviewed your reasons for re questing an exemption, I find that—

 they are similar in all material respects to re lief previously requested in the enclosed Grant of Exemption No’s. 5532 and 8551;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No’s. 5532 and 8551 also apply to the s ituation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U. S.C. §§ 106(f), 40113, and 44701, which the FAA Administrator has delegated to me, I hereby grant Neptune Aviation Services Inc. an exemption from 14 CFR § 91.611 to the extent necessary to allow Neptune to conduct ferry flights with one engine inope rative on its BAe 146-200A aircraft to one of Neptune’s maintenance facilities without obtaining a SFP for each flight. The FAA finds that an exemption from § 21.197 is not required. This gr ant of exemption is s ubject to the conditions

and limitations described below.

Conditions and Limitations

1. The provisions of this exemption are limited to Neptune BAe 146-200A aircraft while they are being operated by Neptune pilots.

2. Before exercising the privileges of this exemption, an appropriately rated and

certificated maintenance technician must inspect and review the following to

determine if the aircraft is in safe cond ition for a one-engine-inoperative ferry flight:

a. The affected airplane, its engines, and maintenance records;

b. The aircraft maintenance manual;

c. The instructions for continued airworthiness; and

d. The discrepancy logs.

The technician must make an entry in the ai rcraft’s maintenance records certifying that the airplane is in safe conditi on for a one-engine-inoperative flight.

3. One-engine-inoperative ferry flights are perm itted only when visual flight conditions are forecast at points of takeoff and landing or any alternate points of landing.

4. One-engine-inoperative ferry flights are pe rmitted only with crew essential to the flight. No passengers shall be carried during one-engine-inoperat ive ferry flights.3

5. Before exercising the privileges of this exemption, Neptune must provide the Helena Flight Standards District Office (FS DO), 2725 Skyway Drive, Helena, MT 59602, with a current copy of its company polic y and procedures manual. Although the FSDO shall not approve or accept the company policy and procedures manual, Neptune must also provide the FSDO with any changes to that manual. A current copy of the FAA approved AFM and aircraft maintenance manual (AMM) must also be provided to the FSDO. If changes to the manual affect the provisions of this exemption, no one-engine-inoperative ferry f lights can be conducted until the change is reviewed by the FAA and its impact on the conditions of the exemption is

determined.

6. Before exercising the privileges of this exemption, Neptune must provide the Helena FSDO with the names and position title of th e BAe-146 fleet Director of Maintenance (DOM), Director of Flight Operations (D FO), and Neptune President/Chief Operating Officer. During the use of this exemption, Neptune must promptly notify the Helena FSDO of any changes in these management personnel or BAe-146 fleet policies and procedures. If changes to these management personnel, policies, or procedures affect the conditions/limitations of this exemption, no one-engine-inoperative ferry flights may be conducted until the change is reviewed by the FAA and its impact on the conditions/limitations of the exemption is determined.

7. When exercising the privileges of this ex emption, one-engine-inoperative ferry flights must be conducted by a dedicated ferry flight crew. This flight crew must receive appropriate training in three-e ngine ferry flights that is in accordance with Neptune’s FAA approved BAe-146 AFM and AMM th ree-engine ferry procedures.

8. Takeoffs must be made from a dry runway surface with consideration given to existing crosswind with regard to required ru nway length and directional control.

9. When exercising the privileges of this ex emption, the operating weight of the BAe146 airplanes must be the minimum necessa ry for the one-engine-inoperative ferry flight with necessary reserve fuel load.

10. The FAA approved AFM and AMM for each BAe-146 airplane operated under this exemption must contain performance data and operating and maintenance procedures for the safe operation of the airplane as required by § 91.611.4

11. This exemption is not valid for operating outside the United States.

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo Deputy Director, Flight Standards Service

Enclosures Exemption No’s. 5532 and 8551